Holyrood Park House T 0131 556 4386 106 Holyrood Road E scotinfo@rpharms.com Edinburgh EH8 8AS W www.rpharms.com Tobacco Control Policy Team, 31 st December 2014 3E, St Andrew s House, Scottish Government Regent Road, Edinburgh, EH1 3DG Consultation on Electronic Cigarettes and Strengthening Tobacco Control in Scotland The Royal Pharmaceutical Society in Scotland is pleased to have the opportunity to respond to this consultation. Please find our answers to the consultation questions below. If you wish to discuss any aspect of our response in more detail please do not hesitate to contact us. Yours sincerely, Professor John Cromarty, FRPharmS Chair, Scottish Pharmacy Board The Royal Pharmaceutical Society (RPS) is the professional body for pharmacists in Great Britain. We represent all sectors of pharmacy in Great Britain and we lead and support the development of the pharmacy profession including the advancement of science, practice, education and knowledge in pharmacy. In addition, we promote the profession s policies and views to a range of external stakeholders in a number of different forums.
Age restriction for e-cigarettes Consultation Questions 1. Should the minimum age of sale for e-cigarette devices, refills (e-liquids) be set at 18? 2. Should age of sale regulations apply to: a. only e-cigarette devices and refills (e-liquids) that contain nicotine or are capable of containing nicotine, or b. all devices / refills (e-liquids) regardless of whether they contain or are capable of containing nicotine? a b 3. Whom should the offence apply to: a. the retailer selling the e-cigarette a b. the young person attempting to purchase the e-cigarette b c. both c 4. Should sales of e-cigarettes devices and refills (e-liquids) from self-service vending machines be banned? 5. Should a restriction be in place for other e-cigarette accessories? 6. If you answered yes to question 5, which products should have restrictions applied to them? All accessories which are necessary to use e-cigarettes, or used to enhance their appearance should be restricted in the same way. Similarly we would argue that any accessory which promotes e-cigarettes should be restricted (e.g. the use of blue-tooth or other technology linking e-cigarette users in a local area).
Proxy purchase for e-cigarettes 7. Should the Scottish Government introduce legislation to make it an offence to proxy purchase e-cigarettes? Domestic advertising and promotion of e-cigarettes 8. Should young people and adult non-smokers be protected from any form of advertising and promotion of e-cigarettes? 9. In addition to the regulations that will be introduced by the Tobacco Products Directive do you believe that the Scottish Government should take further steps to regulate domestic advertising and promotion of e-cigarettes? 10. If you believe that regulations are required, what types of domestic advertising and promotion should be regulated? a. Bill boards a b. Leafleting b c. Brand-stretching (the process of using an existing c brand name for new products or services that may not seem related) d. Free distribution (marketing a product by giving it away free) d e. minal pricing (marketing a product by selling at a low price) e f. Point of sale advertising (advertising for products and services at the places where they were bought) f g. Events sponsorship with a domestic setting g 11. If you believe that domestic advertising and promotion should be regulated, what, if any, exemptions should apply? Point of sale information which is educational in nature and gives consumers necessary and accurate educational information about the product as an adjunct to smoking cessation should be exempt. 12. Are you aware of any information or evidence that you think the Scottish Government should consider in relation to regulating domestic adverting in
relation to impacts on children and adults (including smokers and nonsmokers)? There are many studies which highlight the power of advertising material in any context and tobacco advertising in particular. We are particularly concerned that advertising material to date has in many instances mirrored the advertising used originally for cigarettes for recreational use before health hazards were known. There have been misleading images associated with healthy living and promoting e-cigarettes as a lifestyle choice. We advocate that where e-cigarettes are not licensed as medicinal products they should have advertising and sales restricted in the same way as tobacco products. Although current data indicates that e-cigarettes are less harmful than traditional cigarettes we are particularly concerned that e-cigarettes are marketed as a completely safe alternative to tobacco when it will take several decades to be assured that there are no as yet unforeseen long term effects. There are reports of cytotoxic heavy metals, silicates, and animal carcinogens in some e- cigarettes and until quality and safety is assured through licensing there will still be variation in ingredients and in doses of nicotine available. (ref Cobb NK, Byron MJ, Abrams DB, Shields PG. vel nicotine delivery systems and public health: the rise of the e-cigarette, Am J Public Health 2010, 100: 2340-2 and Williams and Talbot 2011. Variability among electronic cigarettes in their pressure drop, airflow rate and aerosol production, Nicotine Tob Res 2011, Vol. 13, pp. 1276-83.) There should be a ban on any marketing and advertising of sweet and fruity flavours which will appeal directly to younger people. We refer you also to the references and examples of evidence submitted by our specialist colleagues in the Pharmaceutical Public Health Network in Scotland. 13. Are you aware of any information or evidence that you think the Scottish Government should consider in relation to regulating domestic adverting in relation to impacts on business, including retailers, distributors and manufacturers? Again we refer you to the submission by the specialist pharmacists in public health, the Pharmaceutical Public Health Network in Scotland. Nicotine is a highly addictive substance to which tolerance develops requiring increasing doses and although it does not possess the toxic qualities of tobacco, it still does have some physiological effects including constricting blood vessels, causing temporary increases in blood pressure, heart rate and blood glucose. While the role in harm reduction in reducing tobacco use is important we would not want any advertising to encourage long term use or to encourage the filling of time and place gaps when tobacco products are not allowed. In addition we applaud the Scottish Government recent measures to restrict displays of tobacco products and we advocate that unless products are regulated to provide quality assurance and licensed for harm reduction and smoking cessation they should be treated similarly to tobacco products in all
respects in order not to encourage use by non smokers in the longer term. Inclusion of electronic cigarettes on the Scottish Tobacco Retailer Register 14. Do you agree that retailers selling e-cigarettes and refills should be required to register on the Scottish Tobacco Retailers Register? However, in order to keep bureaucracy to a minimum this might only be necessary in those outlets which are not already selling tobacco products and to identify new retailers. 15. Do you agree that the offences and penalties should reflect those already in place for the Scottish Tobacco Retailers Register? 16. If you answered no, to question 15, what offences and penalties should be applied? E-cigarettes use in enclosed public spaces 17. Do you believe that the Scottish Government should take action on the use of e-cigarettes in enclosed public spaces? 18. If you answered yes to Question 17, what action do you think the Scottish Government should take and what are your reasons for this? Scotland has made great progress in public health with the ban on smoking in public places. Thanks to decisive action by Scottish Government we now have a culture where it is not socially acceptable to smoke indoors. We are concerned that allowing the use of e-cigarettes in enclosed spaces will erode that culture. It is difficult to distinguish between tobacco and e- cigarette smoking and allowing the use of e-cigarettes in public will mean that the next generation will grow up assuming smoking in public is once again socially acceptable Any move to condone the use of any type of cigarette in an enclosed public space could undermine the vision for a tobacco free Scotland by normalising the act of smoking /vamping and accustoming the public to seeing clouds of smoke /vapour. The available evidence so far, as collated by SPICE, vember 2014,The Cochrane Review, December 2014 and presented at the E- cigarette summit by the Royal Society in vember 2014 has indicated that further research is needed to obtain good quality evidence on the effects of the vapour and its constituents when deeply inhaled. Although the evidence for non smokers starting to use e-cigarettes is currently showing small numbers, we have no way of predicting the long term effect of normalising smoking behaviours in public.
It is still too early to have long term data on the public health repercussions of e-cigarette use and we therefore believe that the prudent approach to protect the public is to treat these products in a similar way to tobacco products.. 19. If you answered, no to Question 17, please give reasons for your answer. 20. Are you aware of any evidence, relevant to the used of e-cigarettes in enclosed spaces, that you think the Scottish Government should consider? We fail to see any advantages in allowing the use of e cigarettes in public places. Presently the Scottish population is aware that there are times and places where smoking is not permitted and has adapted successfully to this Scottish Government initiative. Allowing e -cigarette use in public enclosed spaces seems a backward step to current policy. t allowing smoking in enclosed spaces can support smoking cessation by having periods of abstinence. In addition to the approaches outlined above and in Q18, studies and anecdotal reports indicate that propylene glycol when used in theatres as dry ice has been known to exacerbate respiratory problems and therefore we would expect similar episodes in susceptible individuals with e-cigarette vapour. (Hajek, P et al. (2014), Electronic cigarettes: review of use, content, safety, effects on smokers and potential for harm and benefit. Addiction. doi: 10.1111/add.12659). Smoking in cars carrying children aged under 18 21. Do you agree that it should be an offence for an adult to smoke in a vehicle carrying someone under the age of 18? x 22. Do you agree that the offence should only apply to adults aged 18 and over? 23. If you answered no to Question 22, to whom should the offence apply? There are already age restrictions on the use of tobacco products so anyone under 18 smoking is already committing an offence. 24. Do you agree that Police Scotland should enforce this measure?
25. If you answered no to Question 24, who should be responsible for enforcing this measure? 26. Do you agree that there should be an exemption for vehicles which are also people s homes? 27. If you think there are other categories of vehicle which should be exempted, please specify these? All vehicles should be included when driving. 28. If you believe that a defence should be permitted, what would a reasonable defence be? Smoke-free (tobacco) NHS grounds 29. Should national legislation be introduced to make it an offence to smoke or allow smoking on NHS grounds? 30. If you support national legislation to make it an offence to smoke on NHS grounds, where should this apply? a. All NHS grounds (including NHS offices, dentists, GP practices) a b. Only hospital grounds b c. Only within a designated perimeter around NHS buildings c d Other suggestions, including reasons, in the box below Comments 31. If you support national legislation, what exemptions, if any, should apply (for example, grounds of mental health facilities and / or facilities where there are long-stay patients)? Comments 32. If you support national legislation, who should enforce it? Comments
33. If you support national legislation, what should the penalty be for noncompliance? Comments 34. If you do not support national legislation, what non-legislative measures could be taken to support enforcement of, and compliance with, the existing smoke-free grounds policies? We understand the desire to see NHS premises smoke free but on balance think this issue is too complicated for such a stringent approach. Merely issuing a ban within NHS grounds does not address the problem of smoking prevalence and would merely shift it to the hospital gates. Support for smoking cessation should be adequately resourced and prioritised for hospital staff and patients and incorporated into discharge planning, with formal referrals to community pharmacies and other primary care smoking cessation services to ensure follow up treatment. There are also particular issues of interactions between some medicines used in mental health patients and nicotine itself. Restricting access to cigarettes causes fluctuating nicotine levels, leaving patients at risk of increased side effects / toxicity and causing problems in monitoring therapeutic levels when patients move between restricted areas to home or elsewhere where smoking is permitted. We are happy to provide more specific information on this from our specialist clinical pharmacists if required. Smoke-free (tobacco) children and family areas 35. Do you think more action needs to be taken to make children s outdoor areas tobacco free? 36. If you answered yes to Question 35, what action do you think is required: a. Further voluntary measures at a local level to increase the number of smoke-free areas a b. Introducing national legislation that defines smoke-free areas across Scotland b c. That the Scottish Government ensures sufficient local powers to allow decisions at a local level as to what grounds should be smoke-free c d. Other actions. Please specify in the box below
37. If you think action is required to make children s outdoor areas tobaccofree, what outdoor areas should that apply to? Defining smoke free areas at national level could be difficult.we believe that local authorities should be free to implement local legislation under guidance from Scottish Government to take all reasonable steps to ensure children are not exposed to tobacco or e- cigarette emissions. We are also concerned that smoking any cigarette in front of children, even in open spaces will promote the acceptability of smoking/vaping and undermine our current public health policies and long term aspirations for a healthier Scotland. Age verification policy Challenge 25 for the sale of tobacco and electronic cigarettes 38. Do you agree that retailers selling e-cigarettes, refills and tobacco should be required by law to challenge the age of anyone they believe to be under the age of 25? 39. Do you agree that the penalties should be the same as those which are already in place for selling tobacco to someone under the age of 18? Unauthorised sales by under 18 year olds for tobacco and electronic cigarettes 40. Do you agree that young people under the age of 18 should be prohibited from selling tobacco and non-medicinal e-cigarettes and refills unless authorised by an adult? 41. Who should be able to authorise an under 18 year old to make the sale, for example, the person who has registered the premises, manager or another adult working in the store? Under 18s should not make the sale at all.this should be the responsibility of someone over 18. 42. Do you agree with the anticipated offence, in regard to: a. the penalty a
b. the enforcement arrangements b Equality Considerations 43. What issues or opportunities do the proposed changes raise for people with protected characteristics (age; disability; gender reassignment; race; religion or belief; sex; pregnancy and maternity; and sexual orientation)? Further restrictions should protect the vulnerable groups and in particular protection is required for those at risk due to age, pregnancy and maternity. 44. If the proposed measures are likely to have a substantial negative implication for equality, how might this be minimised or avoided? 45. Do you have any other comments on or suggestions relevant to the proposals in regard to equality considerations? The proposed measures should have a positive effect on inequalities. Business and Regulatory Impacts Considerations 46. What is your assessment of the likely financial implications, or other impacts (if any), of the introduction of each of these proposals on you or your organisation? 47. What (if any) other significant financial implications are likely to arise? 48. What lead-in time should be allowed prior to implementation of these measures and how should the public be informed? Implementation should start as soon as it is practical to do so. 49. Do you have any other comments on or suggestions relevant to the proposals in regard to business and regulatory impacts? We would like to see regulation of e-cigarettes in order to assure the public of safety and quality and promotion as an aid to smoking cessation. Sales should be linked to local smoking cessation services in order to maximise harm reduction and encourage quitting of both tobacco and e cigarette products. Where products are not licensed as aids to smoking cessation they should be treated in the same way as tobacco products for marketing and advertising purposes.
As a party to the World Health Organization s Framework Convention on Tobacco Control (FCTC), Scotland has an obligation to protect the development of public health policy from the vested interests of the tobacco industry. To meet this obligation, we ask all respondents to disclose whether they have any direct or indirect links to, or receive funding from, the tobacco industry. We will still carefully consider all consultation responses from the tobacco industry and from those with links to the tobacco industry and include them in the published summary of consultation responses. Comments